LD
Written by
LeaseDecoded Research Team
Statutes verified against primary state sources
How this page is sourced
Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • Florida's Chapter 83, Part II has no general renters insurance provision.
  • A landlord may require renters insurance as a written lease term, enforceable like any other.
  • Most Miami leases ask for $100,000 in liability; the Florida sections we read set no floor or ceiling.
  • The only tenant insurance the chapter mandates is waterbed flotation insurance (§ 83.535).
  • Standard renters policies exclude flood, and hurricane losses carry a separate, larger deductible.

Understanding the Renters Insurance Clause

$100,000 typical
Typical required liability coverage in Miami
Florida's landlord-tenant law, Chapter 83, Part II, has no general renters insurance provision. A Miami landlord may still require a policy as a written lease term, enforceable like any other. Most Miami leases ask for $100,000 in personal liability. The only tenant insurance that chapter mandates is flotation insurance for a waterbed (Fla. Stat. § 83.535).

This page is for Miami renters whose lease tells them to buy renters insurance and who want to know what Florida law says about it. The short version is that the requirement comes from your lease, not from Florida's landlord-tenant law.

So the details worth reading sit in the clause itself: the dollar limit, the date proof is due, who must be named on your policy, and what happens if the policy lapses. Raise anything you do not like in writing before you sign.

What renters assume

If my lease names a coverage amount, Florida or Miami law must require that amount.

What is actually true

The Florida sections we read set no floor or ceiling on required liability coverage. The $100,000 in many Miami leases is a typical ask from the property manager, not a legal minimum.

Eleven of the 25 cities on this chart land at $100,000, which tells you the number is mostly insurance-industry convention rather than law. The real difference is what happens next: Seattle, Chicago and Nashville all void lease clauses that shift the landlord's own liability onto the tenant, while our Florida record is about renters insurance and does not reach that question.

Clause decoder

Renters Insurance Clause Example - What the Wording Looks Like in Miami, FL

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

The Resident is responsible for the insurance of their personal property in the case of fire or other perils that would be covered by a resident’s renters insurance policy, as Dattel Realty Company’s insurance policies do not cover personal property of the resident. Resident is also responsible for liability that resident may incur as the result of a negligent action by the Resident, both as to individual apartment leased or common areas, including elevators, stairwells, swimming pool, corridors, grounds, parking and paved areas.

Quoted from the published opinion in Dattel Family Ltd. Partnership v. Wintz, 250 S.W.3d 883 (Tenn. Ct. App. 2007). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“a resident’s renters insurance policy”

The lease names the product and leaves everything else open. Compare what Florida writes when it genuinely wants the owner protected: § 83.535 demands flotation insurance in a reasonable amount and with a loss-payable clause to the building owner, so the money runs to the owner by name. A bare reference to the product names no amount, no beneficiary and no perils, and our Florida record has nothing in Chapter 83, Part II filling those blanks for a general renters policy.

See the example
Ask which of the three the landlord actually wants, and get the answer in the lease: the liability limit, whether the landlord is to appear on the policy at all, and for what. A clause that stays vague is not a favour - it is a clause that gets its meaning later, from whoever is arguing.
Tenant-favourable“Resident shall carry a renters policy covering Resident's own property and personal liability, and no other interest.”
What this lease said“a resident’s renters insurance policy”
Landlord-favourable“Resident's renters policy shall name Owner as loss payee and additional insured on all coverages.”
2

“personal property of the resident”

The boundary line of the whole clause, and the place the landlord's insurer tried to climb over it. In Dattel the carrier paid for fire damage to the building and then went after the resident, arguing this paragraph made her responsible. The court refused: the lease told her to insure her property and never said she must insure the building, so she remained an implied co-insured and there was no subrogation against her.

See the example
After a fire the letter that arrives is often from the landlord's insurer rather than the landlord, and it will quote the insurance paragraph back at you. Our Florida record covers the waterbed mandate and nothing else on tenant insurance, which leaves the paragraph you signed as the document that answers what your policy was meant to reach. Keep the signed lease and every addendum somewhere that survives the fire.
Tenant-favourable“Owner's insurer waives all rights of subrogation against Resident and members of Resident's household.”
What this lease said“personal property of the resident”
Landlord-favourable“Resident shall reimburse Owner and Owner's insurer for any loss to the Premises or the building.”
3

“as the result of a negligent action”

Fault-based, and that is the version a renter can live with. Responsibility for harm your own carelessness causes is ordinary law and ordinary insurance. The question a Florida renter should ask is whether the surrounding paragraph quietly widens it - the Indiana lease in Hoosier put an insurance duty and a wide third-party indemnity in the same paragraph, and the court there read the two together as evidence of who was meant to carry the risk.

Tenant-favourable“Resident is responsible only for liability caused by Resident's own negligence.”
What this lease said“as the result of a negligent action”
Landlord-favourable“Resident is responsible for all liability arising from the tenancy without regard to fault.”
4

“including elevators, stairwells, swimming pool”

The amenity list is where the clause leaves your apartment. Every place named here is a common area the landlord controls, maintains and insures, so a sentence extending your liability across all of them is doing more than covering your unit. It does not follow that the wording is unenforceable: our Florida record has a landlord free to require renters insurance as a written lease term, enforceable like any other. What it does mean is that the size of the promise is worth pricing before you make it.

See the example
The Florida sections we read set no dollar floor or ceiling on required liability coverage, so check the number printed in your lease. If the clause reaches the pool and the parking areas, the limit is doing more work than a minimum figure would suggest - check what your quoted policy actually covers away from the unit before you agree to it.
Tenant-favourable“Resident's liability in common areas is limited to Resident's own negligent acts.”
What this lease said“including elevators, stairwells, swimming pool”
Landlord-favourable“Resident assumes all risk of injury or loss in all common areas and shall indemnify Owner.”
What the court did with it

The tenant won, and the landlord's fire insurer recovered nothing. Adopting the Sutton rule for Tennessee, the Court of Appeals held that telling a resident she is responsible for insuring her own personal property - and that the landlord's policies do not cover it - is not an “express agreement to the contrary” making her liable to the landlord's insurer for fire damage to the building. In the court's words: “While the Lease Agreement states explicitly that Wintz is expected to obtain renter's insurance to cover her personal property, it does not state that Wintz is obligated to obtain insurance for the Building.” Absent that express language, a residential tenant is an implied co-insured under the landlord's fire policy, so the carrier had no right of subrogation against her. Summary judgment for the tenant was affirmed. The practical lesson: a sentence about your possessions is a sentence about your possessions, and it does not quietly become a promise to insure the building.

How this state's law treats this clause
The one mandatory tenant-insurance rule in Florida's Chapter 83, Part II is worth reading next to your lease, because it shows what the wording looks like when a legislature really does mean to protect the building. Chapter 83, Part II governs Florida residential tenancies and is silent on general renters insurance, and the Florida sections we read set no dollar floor or ceiling on the liability coverage a landlord can require. A landlord may require it as a written lease term, enforceable like any other. But a tenant with a waterbed must carry flotation insurance in a reasonable amount, with a loss-payable clause to the building owner. That is express, building-directed language, and it is exactly what the Tennessee court in Dattel found missing from the lease below. Miami adds nothing here; our Miami record has no city or county renters insurance rule, and Miami-Dade's Tenant's Bill of Rights never addressed insurance. The flotation rule is: Fla. Stat. § 83.535

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

Florida Law on Renters Insurance Clause

The law in Florida
  • Chapter 83, Part II governs Florida residential tenancies and is silent on general renters insurance.
  • A landlord may require renters insurance as a written lease term, enforceable like any other.
  • Section 83.535 requires a waterbed tenant to carry flotation insurance in a reasonable amount, with a loss-payable clause to the building owner.
  • The Florida sections we read set no dollar floor or ceiling on required liability coverage.

Sources include Fla. Stat. § 83.535 - statutes change; verify the current text for your situation.

Copy and send: Before you sign the lease, after reading the renters insurance clause

Questions about the insurance clause

Fill in the brackets and keep a copy of what you send.

Florida's residential landlord-tenant law, Chapter 83, Part II, is silent on general renters insurance. Three points bear on this clause:

  • No set amount. The Florida sections we read set no dollar floor or ceiling on required liability coverage.
  • Lease terms bind you. A landlord may require renters insurance as a written lease term, enforceable like any other once you sign.
  • Waterbeds (§ 83.535). A waterbed tenant must carry flotation insurance in a reasonable amount, with a loss-payable clause to the building owner.

Our record of Florida law is about renters insurance and does not reach clauses that make you indemnify the landlord for its own liability, or how a lapse must be handled. Raise both with the landlord in writing before you sign.

What's Specific to Miami

How Florida compares

Typical required liability coverage, state by state

Typical required liability coverage by stateEach square is a state; Florida is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZ$100kArkansas: guide coming soonARCaliforniaCA$100kColoradoCO$100kConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFL$100kGeorgiaGA$100kHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisIL$100kIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY$100kNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonOR$100kPennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTN$100kTexasTX$100kUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWA$100kWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

$100kNo figureGuide coming soonYou are here

See all 25 cities as a chart

Typical required liability coverage

Same clause, 25 cities, different rules. Tap any city for its own guide.

Austin, Texas
$100,000 typical
Los Angeles, California
$100,000statutory
New York City, New York
$100,000 typical
Miami, Florida
$100,000 typical
Chicago, Illinois
$100,000 typical
Seattle, Washington
$100,000 typical
Denver, Colorado
$100,000 typical
Phoenix, Arizona
$100,000 typical
Atlanta, Georgia
$100,000 typical
Nashville, Tennessee
$100,000 typical
Portland, Oregon
$100,000 cap
Philadelphia, Pennsylvania
No state requirement
Boston, Massachusetts
No state requirement
Las Vegas, Nevada
No state requirement
Washington, District of Columbia
No figure; liability waivers void
Columbus, Ohio
No figure; lease controls
Newark, New Jersey
No state requirement
Detroit, Michigan
No state requirement
Charlotte, North Carolina
No figure; tenant picks carrier
Baltimore, Maryland
No figure; indemnity clauses void
Minneapolis, Minnesota
No state requirement
Milwaukee, Wisconsin
No figure; waiver voids lease
Kansas City, Missouri
No state requirement
Indianapolis, Indiana
No state requirement
Louisville, Kentucky
No figure; indemnity terms unenforceable

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

On renters insurance, Miami adds nothing to Florida law. Our record of Miami's rules has no city or county renters insurance rule, and Miami-Dade's Tenant's Bill of Rights never addressed insurance.

Many Miami rentals are condos, so the owner's lease and the association's rules may both ask to be listed on your policy. Check the storm terms too: standard renters policies exclude flood, storm surge counts as flood, and hurricane damage runs through a separate, much larger deductible.

Does the lease state an exact coverage minimum?

Good. A written figure shows exactly what you agreed to carry. Wording like "adequate coverage" leaves the number open.

Is the proof-of-coverage deadline clearly written?

A fair clause says when proof is due and who receives it. Unclear wording is what turns a paperwork gap into a claimed default.

Does the clause make you indemnify the landlord?

That puts the owner's liability on you. Our record of Florida law does not reach it, so ask to remove it before signing.

Can the landlord buy coverage and bill you?

A force-placed policy generally protects the landlord's interest rather than your belongings. Ask to buy your own instead.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • Clause makes you indemnify landlord

    It shifts the owner's own liability onto your policy. Strike it before you sign, because our record of Florida law does not reach it.

  • A coverage amount called a legal minimum

    The Florida sections we read set no floor or ceiling. Ask the landlord, in writing, where the figure comes from.

  • Adequate coverage with no number

    The limit is a lease term. A clause with no figure leaves you guessing what you agreed to carry. Ask for a number before you sign.

  • Lapse written as lease default

    A missed premium can become a lease default instead of a fixable problem. Ask whether a lapse gets written notice and a cure window.

  • Landlord named as additional insured

    Additional interested party only gets notice if your policy lapses. Additional insured puts them inside your limits, so your coverage can be spent defending them.

Your Rights as a Miami Tenant

  • Requirement must be in the lease

    Chapter 83, Part II has no general renters insurance provision. A requirement reaches you as a written term of the lease you signed.

  • You pick your own carrier

    Nothing in our record of Florida law gives the landlord a say in who insures you. Unless your clause names a carrier, shop the limit yourself.

  • Only waterbed insurance is mandatory

    § 83.535 requires a waterbed tenant to carry flotation insurance in a reasonable amount, with a loss-payable clause to the owner.

  • An insurance clause isn't a waiver

    Buying the policy signs away nothing else. The landlord's duties under Chapter 83, Part II stay exactly where they were.

What To Do - Step by Step

1

Find the clause, read the number

Search your lease for the word insurance before you sign. Note the liability limit, the date proof is due, and who wants to be named.

2

Raise problems in writing

Ask where the figure comes from, ask to list the landlord as additional interested party only, and ask to strike any indemnity sentence.

3

Shop the policy yourself

Quote the required limit with your own carrier. Ask about the hurricane deductible and confirm what the policy says about flood.

4

Send proof, keep the receipt

Email the certificate to the landlord or property manager and save the sent message. That timestamp answers a later claim you never sent proof.

5

Keep the policy active

Keep proof the policy stayed active for the whole lease. Depending on your clause, a lapse may count as a lease default.

6

If they claim a default

Ask in writing for the exact lease provision and a chance to cure. The lease text and your proof-of-coverage records are the core of your reply.

Why renters trust LeaseDecoded

Read at the sourceEvery statute is read in its published text, on the state's own site where that site can be reached.
Real court rulingsLease wording on our pages is quoted from published court opinions, with what the judge decided.
Dated and re-checkedEach guide shows when it was last reviewed, and we correct it when the law changes.
Free, no sign-upEvery guide and calculator is free. It is not legal advice; each guide says where to get that.

Frequently Asked Questions

is renters insurance required by law in florida
Florida's landlord-tenant law, Chapter 83, Part II, has no general renters insurance provision. A landlord can still require renters insurance as a written lease term, enforceable like any other. The only tenant insurance that chapter mandates is flotation insurance for a waterbed.
how much renters insurance does my miami landlord require
Usually $100,000 in personal liability, but that is a typical ask, not a legal minimum. The Florida sections we read set no floor or ceiling, so check the number in your lease's renters insurance clause.
does renters insurance cover hurricane damage in miami
Partly. Wind damage to your belongings is generally covered, but standard renters insurance policies exclude flood, and storm surge counts as flood. Hurricane claims also carry a separate, much higher deductible, so confirm both with your carrier before storm season.
can my landlord evict me for letting renters insurance lapse
It depends on your lease. Many Miami leases treat a renters insurance lapse as a lease default. Our record of Florida law does not reach how a lapse is handled, so check whether your clause gives written notice and a window to reinstate.

Was this guide helpful?Your answer is anonymous and helps us fix what is unclear.

Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Florida and Miami law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Florida for advice about your specific situation.